DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2015/1923)

TUTT BRYANT HEAVY LIFT & SHIFT SPECIALISED TRANSPORT EASTERN REGION ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 MARCH 2015

Application for approval of the Tutt Bryant Heavy Lift & Shift Specialised Transport Eastern Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tutt Bryant Heavy Lift & Shift Specialised Transport Eastern Region Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2015. The nominal expiry date of the Agreement is 9 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tutt Bryant Group Limited, trading as Tutt Bryant Heavy Lift & Shift, and the Fair Work Commission. The dispute centred around the application for approval of the Tutt Bryant Heavy Lift & Shift Specialised Transport Eastern Region Enterprise Agreement 2014. The applicant sought to have the agreement registered under the Fair Work Act 2009. The legal issues before the court included whether the agreement was a "single interest" enterprise agreement, the validity of the agreement in light of the employer's financial status, and whether the agreement met the statutory requirements for approval.

The court began by examining whether the agreement was a "single interest" enterprise agreement, as required by section 226 of the Fair Work Act 2009. The court found that the agreement met this criterion, as it was applicable to a single employer and covered employees within a defined region. The court then turned to the issue of the employer's financial status, noting that the applicant had provided financial information indicating that the company was in financial difficulty. However, the court held that the mere fact that the employer was experiencing financial difficulties did not necessarily invalidate the agreement, provided that it was otherwise compliant with the Act. The court also considered whether the agreement met the other statutory requirements for approval, such as the need for genuine bargaining and the absence of any contravention of the Act.

Ultimately, the court found that the agreement was compliant with the Fair Work Act 2009 and met all the necessary requirements for approval. The court approved the agreement, allowing it to be registered and enforceable as a binding enterprise agreement. The court's decision was based on a detailed analysis of the agreement's contents, the employer's financial status, and the statutory requirements for approval. The court held that the agreement was a genuine and valid enterprise agreement, which was in the best interests of the employees covered by the agreement. The court's decision was significant, as it provided clarity on the requirements for approving enterprise agreements in the context of financial difficulties experienced by the employer.

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established